Beekman's Petition , 19 Abb. Pr. 244 ( 1865 )

Sutherland, J.

After a very careful examination of this case, I have come to the conclusion, that the application must be granted on grounds sufficiently indicated in the 2d, 3d, 4th, and 5th points of the petitioner’s counsel.

I have some doubt about the 3d point, in consequence of the special phraseology of section 16 of the act of 1859; but upon the whole, I think it well taken